Tonight`s lead, breaking news. Right now the House is debating the GOP`s new immigration plan with a vote set for later tonight. It comes after the GOP`s embarrassing implosion yesterday that developed into chaos and infighting.

In a surprise news conference late today the President called out House Republicans for holding this sham vote while refusing to address the real issue.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: House Republicans as we speak are trying to pass the most extreme and unworkable versions of a bill that they already know is going nowhere. That can`t pass the Senate and if it were to pass the Senate, I would veto. They know it. They`re not actually trying to solve the problem. This is a message bill they couldn`t quite pull off yesterday so they made it a little more extreme so maybe they can pass it today, just so they can check a box before they`re leaving town for a month.

UNIDENTIFIED MALE REPORTER: On the border supplemental?

OBAMA: I`m going to have to act alone because we don`t have enough resources. We`ve already been very clear. We`ve run out of money.

(END VIDEO CLIP)

SHARPTON: He`s going to act alone because the GOP is leaving him no choice. Republican leaders have surrendered control of the party to tea party extremists. Tonight`s vote comes a day after right wingers handed Speaker Boehner a humiliating defeat, forcing him to pull his border bill because it wasn`t harsh enough.

Since then Speaker Boehner has spent a frenzied day throwing red meat to the far right, trying to satisfy their hunger for attacking the President, and today they finally sound satisfied.

(BEGIN VIDEO CLIP)

REP. STEVE KING (R), IOWA: This House is going to make a resounding statement today that says, stop, Mr. President, don`t violate the constitution.

REP. MICHELE BACHMANN (R), MINNESOTA: If Barack Obama would stop campaigning long enough and come back here, we could actually do something.

(END VIDEO CLIP)

SHARPTON: The GOP rhetoric is ugly and the plan they`re voting on tonight is downright cruel. It would change a 2008 law that would make it easier to deport children from Central America. It would block President Obama`s 2012 action to stop the deportation of illegal immigrants who came here as kids, and it would stop President Obama from taking similar executive actions in the future.

So Republicans have finally found something they agree on, deporting children. That`s their unifying message. This vote tonight is a sham. The President already says he`ll veto it. It`s a way of pretending to camp out the border crisis while ignoring it. And today, President Obama said he`ll take action himself.

Joining me now is Congressman Jim McDermott, Democrat from Washington and the "Washington Post" E.J. Dionne. Thank you both for being here.

REP. JIM MCDERMOTT (D), WASHINGTON: Thank you.

E.J. DIONNE, COLUMNIST, THE WASHINGTON POST: Good to be with you, reverend.

SHARPTON: Congressman, Speaker Boehner is desperate to apiece the far right on this and we still don`t know for sure if they even have the votes. What does this make -- what do you make of this debacle?

MCDERMOTT: Well, you know, Rev., I was sitting here thinking about my grandmother who 167 years ago in 1847, was put on a boat by her parents alone at age 12 and sent to New York where there was no one to meet her.

Now, if this Congress had been in place at that time, they would have said, where are you from, and she would have said Ross common in Ireland. They would have sent her right back to the famine to die. That`s the kind of thing we`re looking at here. They don`t want to find out the problems of these kids. They don`t want to make any reasoned judgment about whether they should be kept here or protected. They have simply forgotten Jesus` command to suffer the little children to come unto me. They simply don`t believe that.

SHARPTON: Wow. That`s a heavy statement there.

You know, E.J., "the Washington Post" talked to Speaker Boehner`s allies about senator Ted Cruz`s role in tanking the border bill that Boehner was proposed until yesterday and the quote is when asked why they thought of Cruz`s meddling and what they thought of Cruz`s meddling, Boehner associates were livid. I mean is there a sense in the GOP that Speaker Boehner now has less control over the House than Ted Cruz?

DIONNE: Well, I think there is that sense out there. I was at a session that Speaker Pelosi -- Leader Pelosi had with a group of reporters yesterday, and I asked her what she thought of House whip Ted Cruz, and she said around here we call him the speaker.

And I think that the Republicans and Speaker Boehner has always been furious about this and this was an enormous embarrassment to him yesterday, that he couldn`t bring this bill to the floor because he didn`t have the votes.

And I think that this week may be a turning point in our discussion. I mean there are many occasions for turning points. This might be it. You had two things. One is voting on this really, really right wing bill, which sends a message that the Republicans don`t even want to welcome the dreamers, people who, you know, came here not of their own accord as kids who do well in school. Those kinds of people, I would think they would want here, but secondly, the same week that they sue the President for allegedly abusing his power, they were also saying, well, President Obama should have solved this problem on his own. Well, which is it? I mean they can`t -- you know, I think when the country looks at this, they`re going to shake their heads and say this version of the Republican party under control of a very right wing group is not the Republican party a lot of Republicans used to vote for. And so I wonder what`s going to happen after this week out in the country as we approach the election.

MCDERMOTT: It`s pretty obvious he is. He is the -- he`s the icon of the right, right, right wing of the party. And he goes over there and whips them up and promises them that he will protect them in their elections and that he`s going to run for President down the road here and he`s going to lead the party to where it ought to be.

The belief of many of these guys is we didn`t go far enough into the ditch last time, that`s why we lost in 2012. So they`re going to follow this guy right further deeper into the ditch. And he really has a hold on them because they have -- they`re like -- they`re like debutees in a religion. They`re not compromising, talking to anybody. They`re just sitting over there talking to themselves and they come out with a bill worse than the last one. We think we`ve seen the worse, but they come out with the one today.

SHARPTON: You know, E.J., today, President Obama came out himself talk about the GOPs blocking emergency action on the border crisis as well as other commonsense issues. Listen to this.

(BEGIN VIDEO CLIP)

OBAMA: In circumstances where even basic commonsense plain vanilla legislation can`t pass because House Republicans consider it somehow a compromise of their principles or giving Obama a victory, then we`ve got to take action. Otherwise we`re not going to be making progress on the things that the American people care about.

(END VIDEO CLIP)

SHARPTON: E.J., I mean, doesn`t tonight`s sham vote really say that or confirm that? And in many ways say why the President ought to be making the moves for direct executive action himself?

DIONNE: On the border crisis, he really has no choice. He`s going to have to move money around all by himself. It`s not like he didn`t go to Congress and say, look, I need $3.6 billion or at least some sum of money because I want to solve this crisis that you guys were yelling to me about only a few weeks ago.

So he made it very clear he wanted Congress to help him so they could act together and they have said no. And what you`ve got, I think, on the Republican side are some parts of the party that believe that it`s unprincipled to work with the President of the United States if he`s with some other party or Barack Obama. And in the assistive separated powers like we have, you can`t governor the country if that`s the way you`re going to operate.

And again, I think that`s going to be the central matter of discussion this fall. Because it is not about, you know, when President talked about plain vanilla, none of this is about left-wing stuff. This isn`t just about basic problem solving and we can`t even do that.

SHARPTON: You know, Congressman, amid the chaos yesterday, one GOP lawmaker really showed how frustrated he was with the far right. Listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE REPORTER: How are you going to get the votes? What`s going to be different?

UNIDENTIFIED MALE: We`ll get the vote.

UNIDENTIFIED FEMALE REPORTER: How?

UNIDENTIFIED MALE: We`ll get the vote.

UNIDENTIFIED MALE: What changes tomorrow that wasn`t there today?

UNIDENTIFIED MALE: I hope some people grow up.

(END VIDEO CLIP)

SHARPTON: What do you think, Congressman, that some people in the tea party grow up overnight?

MCDERMOTT: Well, I think he threw some more raw meat in this bill, this non-dreamer bill and said vote for this thing. You can go home and talk about that and then pass the other one which does a little something.

Rev., you`ve got to think about this. This is little kids we`re talking about, 52,000 kids. And the President has to be taking care of their health and their safety. And these people on the right are treating them like they were cattle that kind of had wandered into their farmland and they need to put up another fence and shoo them back on the other side.

These are kids. These are live human beings, and they`re treating them just awful. I don`t know how they face themselves when they go home. But he`s given them just enough red meat that they think they can go home and convince the voters they were protecting them and therefore they`ve tried to get one rid of these things that wandered into our neighborhood. It`s not going to work.

SHARPTON: Well, I`m going have to leave it there.

Congressman McDermott and E.J. Dionne, thank you both. Have a good night and weekend.

DIONNE: You too, Reverend. Thank you.

SHARPTON: Coming up, the one thing Republicans don`t want to talk about. We`ll look at what GOP lawmakers have been doing while President Obama has been creating jobs, millions of them.

Also, the shooting death of Ranisha McBride. A new look at how her killer`s lawyers are trying to use her past to set him free. It`s in tonight`s justice files.

Plus, right wingers finally admit on camera that Speaker Boehner`s lawsuit against the President is loaded with hypocrisy. We will show you the tape ahead.

(COMMERCIAL BREAK)

SHARPTON: We`re back with breaking news from the House floor. GOP lawmakers, they`re planning to vote within the next few hours on their border bill. That would make it easier to deport immigration children. That`s what they`re focused on.

But tonight we also have good news on the economy. And President Obama ice calling out Republicans who are standing in the way of progress. That`s next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

OBAMA: In my first term if I had a press conference like this typically, everybody would want to ask about the economy and how come jobs weren`t being created and how come the housing market is still bad, you know, why isn`t it working. Well, you know what? We did work, and the economy`s better.

(END VIDEO CLIP)

SHARPTON: President Obama this afternoon touting another strong jobs report. This month the economy added 209,000 jobs. That`s six straight months with 200,000 new jobs created for the first time since 1997. In fact, 2014 is currently on track to be the best year for the U.S. job creation since 1999. The private sector under this President is growing, 53 straight months of private sector job growth. A remarkable streak, the longest in American history.

And when you compare this President`s record to his predecessor, it`s not even close. There have now been 6.3 million jobs created under President Obama. Under President Bush the private sector lost 646,000 jobs. Yet we`re still hearing Republicans crying that President Obama`s policies are killing jobs. Today the President called out Republicans for failing to advance an agenda that could further boost the economy.

(BEGIN VIDEO CLIP)

OBAMA: Unfortunately, there are a series of steps that we could be taking to maintain momentum and perhaps even accelerate it. But there are steps that we could be taking that would resolve in more job growth, higher wages, higher incomes, more relief for middle class families, and so far at least in Congress, we have not seen them willing or able to take those steps.

(END VIDEO CLIP)

SHARPTON: Right now Congress should be doing more to create jobs. But instead we see them fail to do theirs.

Joining me now is jack Bernstein. Thanks for being here.

JARED BERNSTEIN, MSNBC CONTRIBUTOR: My pleasure, Rev.

SHARPTON: Jared, put this in context for us. Fifty three straight months for private sector job growth, how historic is this streak we`re running right now?

BERNSTEIN: Well, as you said earlier, it is a historic streak. That`s almost 10 million jobs in the private sector. The unemployment rate, 6.2 percent last month, has come down a full point over the last year. And by the way, a couple of months over this recovery, we had the unemployment rate coming down for the wrong reason because people were leaving the labor market. In fact, since last August the participation rate, the share of the population who are participating the labor force, has stabilized, and that`s another very important trend. It means that this decline in unemployment is precisely the kind of decline we want because more people are getting jobs.

SHARPTON: You know, Jared, today in your blog you pointed out one of the major gaps in the economy recovery, quote, "wage growth remains one very important area that continues to reflect the slack that still besets the job market. Until things tighten up a lot more, too many workers will continue to lack the bargaining clout they need to claim their fair share of the growth."

I mean how important is raising minimum wage to the recovery and health of the economy, Jared?

BERNSTEIN: Well, that`s a real part of the problem that I outlined there. And I`m very glad you raised that point for a couple of reasons. One, it gets right to the point the President made. By increasing the minimum wage, an idea that is, by the way, extremely popular with people across the country, even a majority of Republicans support that idea, we can help adjust those workers at the bottom of the pay scale who lack the bargaining clout as I said to claim their fair share of the growing economy, an economy that expanded at a four percent rate in the last quarter.

But also this wage story is important for the Federal Reserve. We know that the job market is improving, the economy`s picking up some pace. But as long as wage growth remains as tepid as it`s been, it`s important for the fed to hold back in terms of putting on the brakes, continuing support the recovery.

SHARPTON: You know, today, the President address some of the policies he says are being blocked by Republicans. Watch.

(BEGIN VIDEO CLIP)

OBAMA: I`ve been an advocating on behalf of raising the minimum wage, making it easier for working folks to pay off their student loans, fair pay, paid leave, all of these policies have two things in common. All of them would help working families feel more stable and secure and all of them so far have been blocked or ignored by Republicans in Congress.

(END VIDEO CLIP)

SHARPTON: You know, is there any way to measure how much Republicans have hurt the economy with their policies and their votes?

BERNSTEIN: I think it`s tough when you come to those kinds of measures, but I`ll tell you one thing. Last year in 2013 we know through measuring precisely that kind of effect that these congressional inactions actually took 1.5 percent growth off of last year. That translates to something like a million jobs. So that`s a big story in and of itself.

I`ll tell you something else. Interestingly, the President has been trying to push every one of those issues as best he can by rule changes or executive order and that`s been helpful. He doesn`t need the Congress for that. But it tends to be very narrowly targeted. It only hits a few people. So the fact is he`s trying to broaden out that very important agenda.

SHARPTON: What do you project will happen in terms of the growth of the economy and jobs in the private sector in the next two years? Tell us what we could look for as Americans in your estimation over the next two years?

BERNSTEIN: Let`s talk about the job market. I think what we`ve seen now in month after month with payroll gains that have been 2,000 or higher is that we really are into a solid period. I don`t see the kind of head fakes that we got earlier in this recovery where you do OK for a few months and then you backslide.

I`m pretty confident the underlying job market is going to continue to add employment at around this pace. If the labor force continues to firm up as I suggested earlier, that means we could see another point off the unemployment rate over the next year and a half. That moves us closer to full employment to a point where the folks who haven`t been benefitting from wage gains ought to be able to get a better shake in that regard.

But all of that is contingent on Congress not throwing a wrench in it. And think it`s the congressional Republicans who need to be listening to that.

SHARPTON: Jared Bernstein, thank you for your time tonight and have a great weekend.

BERNSTEIN: You, too, Rev. Thanks.

Still ahead, new evidence that speaker Boehner`s lawsuit is blowing up in his face.

And the President is calling out the Republicans for their hi hypocrisy on their executive actions.

But first the first lady gets personal with a powerful statement about her roots and how far we`ve come as a country.

(COMMERCIAL BREAK)

This week first lady Michelle Obama got personal in a way we rarely see. She spoke at a summit for young African leaders about where she comes from and how much the country has changed.

(BEGIN VIDEO CLIP)

MICHELLE OBAMA, FIRST LADY OF THE UNITED STATES: My ancestors came here in chains. My parents and grandparents knew the sting of segregation and discrimination. And yet I attended some of the best universities in this country. I had career opportunities beyond my wildest dreams. And today I live in the White House.

The roots of my family tree are in Africa. As you know, my husband`s father witnessed born and raised in Kenya. And members of our extended family still live there. I have had the pleasure of traveling to Africa a number of times over the years including four trips as first lady, and I brought my mother and my daughters along with me whenever I can. So believe me, the blood of Africa runs through my veins and I care deeply about Africa`s future.

(END VIDEO CLIP)

SHARPTON: A powerful statement there from the first lady. We`ll be right back.

(COMMERCIAL BREAK)

AL SHARPTON, MSNBC HOST, "POLITICS NATION": There`s nothing new about the House Republicans embarrassing themselves, but this week Speaker Boehner and his cronies took it to a whole new level and this afternoon President Obama called out the hypocrisy.

(BEGIN VIDEO CLIP)

PRES. BARACK OBAMA (D), UNITED STATES: Yesterday, even though they`ve been sitting on a bipartisan immigration bill for over a year, House Republicans suggested that since they don`t expect to actually pass a bill that I can sign, that I actually should go ahead and act on my own to solve the problem. Keep in mind that just a few days earlier they voted to sue me for acting on my own. And then when they couldn`t pass the bill yesterday, they put out a statement suggesting I should act on my own.

(END VIDEO CLIP)

SHARPTON: That`s right. Just a day after the House voted to sue the President over taking executive action, they told him to take more executive actions. It`s enough to make your head spin. Even some Republicans admit that it makes no sense.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MAN: Look, you can`t say on the one hand that the president`s overreaching by acting without legislative authority and direction and then refuse to give him legislative authority and direction in another area.

UNIDENTIFIED MAN: It is ridiculous to sue the president on a Wednesday because he oversteps the law and as he has a dozen times illegally and unconstitutionally and on Thursday say that he should overstep the law.

(END VIDEO CLIP)

SHARPTON: It is ridiculous, but the entire House lawsuit is ridiculous. It`s nothing more than impeachment-like, and now we`re seeing it backfire on the Republicans. The campaign for House Democrats announced today they received $4.8 million in online donations just this week coming from 240,000 donors. It`s the best week online fund-raising the House Democrats have ever had. The American people want to focus on real issues, and the more republicans focus on these silly stunts, the more opportunities they hand to President Obama and the Democrats.

Joining me now are Goldie Taylor and Susan Milligan. Thank you both for being here.

SUSAN MILLIGAN, U.S. NEWS AND WORLD REPORT: Thank you.

GOLDIE TAYLOR, MSNBC CONTRIBUTOR: Thank you, Reverend.

SHARPTON: Susan, Republicans sue the president one day for taking executive actions and then telling them to take more executive actions. Doesn`t it show they aren`t serious?

MILLIGAN: It remind me of that joke, Rev, where this couple is complaining about a restaurant and the one says the food is terrible. The other one says, I know, and the portions are so small. You can`t have it both ways. You can`t, you know, threaten legal action which most people don`t think isn`t going to be upheld in the courts anyway and then, you know, ask him to take action because they`re incapable of doing it. I mean, right now they`re struggling to get enough support for a show vote on immigration, I mean, not even for real legislation.

What surprises me is that they haven`t learned from their mistakes in terms of what an electoral mistake this is. Impeachment didn`t work for them in the past. Shutting down the government didn`t work for them in the past. Not raising the debt ceiling hasn`t work. So, I know that they`re trying to energize a side of their base because a lot of a November elections will hinge on turnout. But I think they`re really alienating a lot of not just independents but even a moderate Republicans.

SHARPTON: You know, Goldie, we heard a lot of Republicans claimed Democrats are the only ones talking about impeachment, but listen to what the leader of the party says on the issue.

(BEGIN VIDEO CLIP)

RUSH LIMBAUGH, RADIO TALK SHOW HOST: I never have called for the impeachment of Obama. All I`ve said is that I think that it`s a mistake to take the option off the table and take the ammo out of your arsenal. But I`ve never said pull the trigger on it.

(END VIDEO CLIP)

SHARPTON: Now, Boehner has refused to take impeachment off the table. Don`t want it but they don`t want to take it off the table. Is it better for them to use it in their minds as a constant threat?

TAYLOR: You know, I think it is good for at least the republican base to use it as a threat but some people really aren`t threat. There are mainstream Republicans, there are elected members of Congress who have openly called for this president`s impeachment. Or they have talked around it. Is it to say, you know, we would impeach him but we don`t have the votes. They`re attempting to placate a base. Speaker Boehner has run the political calculus on this.

Unfortunately it`s been a bad math. And so, rather than stop this language very early on, nip it in the bud, he`s let it play out itself out. And he`s come to a halfway notion by filing this lawsuit. But those things as you know it only work to the Democrats` favor. It helped them to raise money. It helped them to raise volunteerism. Like you said, you haven`t seen House Democrats who`s had trouble by the way, historically raising money, you haven`t seen them bring in this kind of treasure trove in the -- really the year since this president has been elected.

SHARPTON: You know, Susan, "The Daily Beast" also is reporting that impeachment is still a hot issue outside of Washington. Quote, "In the remaining republican primaries across the country, the issue is front and center. With GOP candidates signaling that they are more likely than their opponents to remove Obama from the oval office." Will we see more Republicans talking about impeachment as they hold town halls during the summer break, Susan?

MILLIGAN: I think what you`re going to see from some Republicans is an unwillingness to take it off the table or to say what a stupid idea it is because they`re worried about alienating the base. But there not -- a lot of the veteran Republicans on the hill, particularly in the Senate, are not happy about it. I spoke with Senator Hatch about it just the other day and he said, oh, nobody over here in the Republican Party is talking about it. I said, what about Sarah Palin, what about this person.

And he got this sort of steely looking inside and he said, Sarah`s not sitting here. And I know that sounds like it`s tame comment but honestly from Senator Hatch who`s usually sort of much more gentlemanly. That was, you could see the irritation in his eyes, you fell this was the side of the party that, you know, making mistakes and they are the ones you have to live with it and then they may end up paying for it at the end of November.

SHARPTON: You know, Goldie, in face of this phony lawsuit, President Obama says he`ll keep taking executive actions. Listen to him this week.

(BEGIN VIDEO CLIP)

OBAMA: Look. Any time Congress wants to do -- work with me to help working families, I`m right there. The door`s always open. More than that, I`m -- I`ll go to them, I`ll -- you know, wash their car. Walk their dog.

(LAUGHTER)

But where they`re doing so little or nothing at all to help working families, then we`ve got to find ways as an administration to take action that`s going to help.

We can`t wait, so if they`re not going to do anything, we`ll do what we can on our own.

(END VIDEO CLIP)

SHARPTON: The president is acting, the republicans are blocking. Goldie, does that give Democrats something to run on in the midterm elections?

TAYLOR: In fact, it does. Not only are you going to continue to see more fund-raising happening on the side of the democratic aisle, but you`re going to see much of this messaging being pushed through the grassroots. You`re going to see much more volunteerism, meaning people getting out to vote. You know, for Speaker Boehner, this is like poking the president in the eye -- and having the president poke you in the eye or saying he poked you in the eye and then say, hey, turning around and poke me in the other eye. Sued you for this one. But I`m not going to sue you for this one.

This president has signed fewer executive orders than almost any other president that we`ve known in modern history. I think any other president in modern history. And so to say that he is overusing this pal, that he is some sort of imperialist king, I think really is a misnomer. What`s really happening here is that Speaker Boehner and the entire leadership, they`re being pushed by their grassroots do things that they know are dangerous to their party. Turnout elections are always base elections. They`re always about the very grassroots, you know, dyed-in-the-wool, both Democrats and Republicans turning out. What Speaker Boehner and -- are doing is letting their grassroots turn out the democrat grassroots to this fall. And I think that`s an unfortunate, unfortunate strategy.

SHARPTON: Goldie Taylor and Susan Milligan, thank you both for your time tonight. Have a great weekend.

MILLIGAN: You, too, Rev.

TAYLOR: Thanks for having us.

SHARPTON: Coming up. New questions tonight about the defense tactic in the shooting death of Renisha McBride. Why are the killer`s lawyers trying to bring up her pets?

Also, should young girl stand trial as adults in the bizarre slender man case? The "Justice Files" are next.

(COMMERCIAL BREAK)

SHARPTON: We`re back with tonight`s "Justice Files." Joining me now are prosecutor and legal analyst Paul Henderson and criminal defense Attorney Seema Iyer. Thanks to both of you for being here tonight.

SEEMA IYER, CRIMINAL DEFENSE ATTORNEY: Thanks for having us.

PAUL HENDERSON, LEGAL ANALYST: Thanks for having us.

SHARPTON: We start tonight in Detroit. Where the defense has begun their case in the trial of Theodore Wafer. Wafer is charged with second-degree murder and manslaughter for shooting 19-year-old Renisha McBride on his front porch last November. This week, the prosecution rested their case after calling more than 20 witnesses to the stand. But before the defense put their first witness on the stand they repeatedly tried to have information about Renisha`s past introduced into evidence.

(BEGIN VIDEO CLIP)

CHERYL CARPENTER, DEFENSE ATTORNEY: We had Amber Jenkins testify about a dope house. We heard that in evidence. Why now can`t I now bring in the evidence of Renisha`s cell phone pictures which shows she deals drugs, marijuana specifically. I think the screen name for Renisha McBride on twitter is very important. Her screen name is young and thugging. It is admissible and furtherance of self-defense to claim to prove that the victim was the probable aggressor.

(END VIDEO CLIP)

SHARPTON: Using the victim`s past to prove that she was the, quote, "probable aggressor." Paul, the defense attorney has asked for this evidence to be introduced at least three times now. What do you make of this strategy?

HENDERSON: You know, I`m really sensitive to these tactics to denigrate the victim. And in this case I think it`s really frustrating that they`re really trying to show the jury that maybe she was a bad person without any evidence. I think in this case it`s racially charged, it is irrelevant, and it is prejudicial and that`s exactly why the judge kept it out as he should have and I`m angered about it.

I hope the prosecutors are as angry as I am and express that to the jury about their defense of this victim in this case. I think it`s ridiculous that they keep trying again and again and again because it`s clear what their thinking is. And they`ve even said they thought she may have been up to something. There`s no evidence of that. There`s no proof of that.

SHARPTON: You know, Seema, I`ve mentioned the defense has attempted repeatedly to get evidence about Renisha`s past admitted in the evidence. In pretrial motions they asked for cell phone photos of Renisha with cash, marijuana, and a gun Renisha`s criminal record and evidence of a 2011 car crash that Renisha was involved in to be introduced. The judge denied all of this evidence in pretrial hearings. Since the trial has started the defense has asked twice for cell phone photos of Renisha, with cash, marijuana, and gun. Over and over again.

IYER: Rev, that`s our job. We have to repeatedly make applications to preserve the record because later on some appeals lawyer is going to say you didn`t do your job, defense attorney. Now, what Paul was saying is accurate. The past is the past. However, if they can show character of Renisha, hone in on that period of time right before the murder took place, and during that period of time, if we can show that Renisha`s behavior pointed to aggression, pointed to her being the one who started the fight, then you may have relevance.

SHARPTON: But there was no fight. He shot her through a screen door after opening the front door. What fight?

IYER: I use fight in a very loose term, Rev. I`m saying in the sense that she was pounding on the door and the defense attorney, I believe there was some testimony that there could have been somebody else there, so that brings out some more reasonable doubt. Also going toward the fact that why there was two different boomings in two different areas of the house corroborating the defendants.

SHARPTON: But there has never, Paul, been any corroboration or any evidence that there was anyone else including a statement that made initially by him that night.

HENDERSON: Ever. That is all imaginary and we`re wondering what could have been and what might have happened. All of that is irrelevant because there`s no proof of any of that. And what we know is that she was injured, that she was looking for help, that it`s 4:00 in the morning. Of course, you have to bang on the door to get attention. She wasn`t even aggressive enough to get through a screen door, so all of those arguments I find to be false on the defense and I`m glad that the judge sees through them and ruled them -- ruled that information and that kind of evidence out. I`m hoping that the jury sees through all of this as well and looks at this for what it is and finds him guilty at the end of this case.

IYER: Paul, I just want to remind you after the accident took place, one of the neighbors -- somebody called 911 and Renisha McBride left the scene twice. Not once, but twice.

HENDERSON: Right,

IYER: So, if she stayed there when she was highly intoxicated almost three times over the legal limit, help would have arrived.

SHARPTON: Well, but the problem is -- wait a minute. The problem with that is we`re going from if there was another person there leaving the scene in accident. And that, one plus three does not equal two. Now, to the so-called slender man trial in Wisconsin. Today, a judge ruled that one of the two girls charged with trying to stab their friend is mentally incompetent to stand trial. The two girls were both charged as adult with attempted first-degree homicide after they allegedly tried to stabbed their friend to death to please a mythical monster from the internet called slender man. Both suspects are just 12-years-old.

So, MSNBC will not identified them. One suspect told police that slender man demanded they kill to show their dedication to him. Today, the judge ordered one of the girls to be committed for evaluation and treatment. Her lawyers hopes the charges her will be moved to juvenile court. Seema, should the girls be tried as adults?

IYER: This age is so preposterously young. Wisconsin says 10 years old as adults. That is too young. I think it should be moved to juvenile. And some things they can do, Rev is they look at the severity of the crime but they can also do psychological testing, such as IQ testing, educational level, reading comprehension, and if those girls test younger than their biological age, that could be a reason.

SHARPTON: Paul, should they try them as adults?

IYER: Yes, you know, I agree with Seema. It`s a complicated issue and what they`ve done is make the charging mandatory when someone over the age of 10 is involved in a violent crime but I think a review like this is expected and necessary so that a judge in a third party can make an evaluation as to whether or not it is proper and whether or not someone should be held accountable because it`s a complicated legal issue. You`re looking at mental competency and you`re looking at guilt and then you`re overlaying that whole process with an evaluation of whether or not these individuals should be charged as juveniles and adults and really at the end of the day, I think this raises the question that we`re constantly answering in the criminal justice system about as to whether or not it`s adequate for the criminal justice system to address issues of mental illness over and over again.

SHARPTON: Paul, I`m going to have to leave it there. Paul Henderson and Seema Iyer, thank you both for your time. Have a good weekend.

IYER: Thanks, Rev.

HENDERSON: Thanks for having me.

SHARPTON: Again, we`re watching that breaking news tonight on the house floor. Lawmakers debating a GOP bill that would make it easier to deport immigrant children. Moments ago democratic Congressman John Lewis delivered a passionate speech on the House floor opposing the GOP plan.

(BEGIN VIDEO CLIP)

REP. JOHN LEWIS (D), GEORGIA: There is no such thing as an illegal human being. History will not be kind to us if we fail to do what is right, what is just. We must pass bipartisan comprehensive immigration reform and we must pass it now.

(END VIDEO CLIP)

SHARPTON: A reminder of what this debate is all about. We`ll keep watching the breaking news tonight.

Still ahead, on the day that "Get on Up" opens in theaters nationwide, I`ll look back on how James Brown changed America and changed my life as well. Stay with us.

(COMMERCIAL BREAK)

SHARPTON: Today, the New York City medical examiner ruled that a police officer`s chokehold is what caused Eric Garner to die last month. In their report, the medical examiner says, the cause of death is compression of the neck. The choke hold, compression of the chest, and prone positioning during physical restraint by police. They officially ruled the manner of death a homicide. This cell phone video shows the officer putting Garner in the choke hold as three other officers surrounded him.

The 46-year-old father of six repeatedly told the officers he couldn`t breathe as he was taken down. Now that we know the official cause of death, the legal process needs to move forward and today New York Mayor Bill de Blasio says, he was committed to reforms, more broadly police and city leaders across the country need to join with people in the community to work on solutions and make sure this kind of tragedy never happens again.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED WOMAN: What exactly do you call your style of music?

UNIDENTIFIED MAN: Well, I call it James Brown music. Because it`s so far ahead of his time. Take another record, any record you got on your box at home. It`s not going to sound like mine.

(END VIDEO CLIP)

SHARPTON: That was a clip from the new James Brown film "Get on Up" opening in theaters nationwide today and reminding the world of what a historic figure he was. James Brown revolutionized American music, practically inventing funk and creating beats that were and still are sample to this day. He also changed American culture. His song "I`m black and I`m proud" gave an anthem to the new black pride movement. He was a leader, a role model for millions of black men and women. The night after Dr. King`s assassination, a James Brown concert in Boston was almost canceled due to fears of rioting. During the show police and fans started pushing and shoving. Tensions escalated until James Brown single-handedly restored the peace.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MAN: You`re not being fair to yourself and me either, all your race. I asked the bullies to step back because I think I could get some respect from my own people. That makes sense. But are we together?

(Crowd): Yes.

(END VIDEO CLIP)

SHARPTON: That night there was rioting in 160 cities across the country. But not there. It became known as the night James Brown saved Boston. They Godfather certainly changed America. But he also changed my life. I was 18 when James Brown took me under his wing. His son Teddy had just died. I came from a broken home myself. And it was the tragic loss of his son that made out relationships stronger. I became like the son he lost and he became the father I no longer had at home. He taught me a lot about defining yourself. He taught me to believe in yourself if no one else did. He taught me to be the head of your owner fan club.

Don`t use your circumstances to define you. Reach for the top no matter what. He never would allow me to make excuses. When I would have my pit parties about my socioeconomic or family standards, he would tell me, you`ve got to reach, you`ve got to define and believe in yourself. Don`t be like everyone else. James Brown taught me how to get on up. I hope some young men and women across America gets that from this movie.

Thanks for watching. I`m Al Sharpton. "HARDBALL" starts right now.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED. END

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